Company Policy Violation
Under the Employment at Will Doctrine,
employers may fire employees for just about
any reason, including company policy violation. Virtually all states enforce
the Doctrine to
some degree.
Additionally, state courts typically consider clear, properly-documented
company policies to be binding, implied
contracts between employers and employees.
As a result, an employee breach of
the implied contract in the form of policy violation, might constitute good
cause for the employer to fire the employee.
However, employee lawsuits have challenged the validity of the Doctrine,
as well as employment discharge for company policy violation.
Subsequently, should your employer fire (or otherwise seriously discipline)
you for company policy violation, then your employee rights might allow
you to challenge it in court.
A court will likely consider all factors involved, to decide whether or
not your employer really had good cause to fire you for company policy
violation.
For example, a court might consider your overall employment record at
the company, extenuating circumstances, evidential strength, and whether
or not your employer:
- Properly documented the policy with a clear warning that it justified
discipline such as discharge
- Told you about the policy verbally or in writing
- Gave you a chance to explain your side of the story
- Disciplined other employees in the same way for a similar policy violation
A court will likely also consider the seriousness of your company policy
violation, such as whether or not it actually hurt the company, its clients
or other employees—or ultimately, just you.
Consult an attorney about challenging
an employment termination because of company
policy violation or for any other reason.
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